CYPRESS HEIGHTS ACADEMY v. CHA INVESTORS

2021 CA 0820.

343 So.3d 736 (2022)

CYPRESS HEIGHTS ACADEMY v. CHA INVESTORS, LLC.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied July 20, 2022.


Attorney(s) appearing for the Case

Danielle L. Borel , Jeanne C. Comeaux , Jude C. Bursavich , Van R. Mayhall, III , Baton Rouge, Louisiana, Counsel for Appellant, Plaintiff—Cypress Heights Academy, Inc.

Michael A. Patterson , Seth F. Lawrence , Baton Rouge, Louisiana, Counsel for Appellees, Defendants—CHA Investors, LLC; Michael J. Castine, III, M.D.; Gregory M. Hoffpauir, M.D.; Richard T. Hedley; and Timothy Barfield.

Brett P. Furr , Katia D. Bowman , Baton Rouge, Louisiana, Counsel for Appellees, Defendants—LASBC, Inc. and Richard Brown.

Douglas J. Cochran , Baton Rouge, Louisiana, Counsel for Appellee, Defendant— Gerard J. Broussard, Sr., M.D.

Charles G. Justice, III , New Orleans, Louisiana and Michael G. Gaffney , Christopher M. Gaffney , Metairie, Louisiana, Counsel for Appellee, Defendant—Mildred Randon Harris, in her capacity as the, Independent Executrix of the Succession of Brian Hams.

Before: Whipple, C.J.; McDonald, McClendon, Welch, and Theriot, JJ.


In this dispute over whether a sale/lease-back transaction constituted a relative simulation, the plaintiff appeals from a judgment denying its motion for partial summary judgment and granting the motions for partial summary judgment filed by the defendants. For the following reasons, we reverse in part and affirm in part.

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